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Virginia Consumer Data Protection Act (CDPA) Amended with Enhanced Protections for Children

05 Jun

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Update Applicable to:Effective date
All employersJanuary 1, 2025


What happened?

On May 17, 2024, Governor Youngkin signed the Virginia Legislature Protections for Children Act (HB 707/SB 361) amending the Consumer Data Protection Act (CDPA), providing data controllers sufficient time to adapt to the new requirements, and an opportunity for parents and guardians to understand the improved safeguards for their children’s data.


What are the details?

Key Bites

  • Prohibits a data controller from processing the personal data of a known child without parental consent.
  • Restricts data processing of a known child’s data for targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.
  • Allows data processing only if it is reasonably necessary to provide the online service, product, or feature.
  • Limits data collection to the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose.
  • Prohibits data retention for longer than is reasonably necessary to provide the online service, product, or feature.
  • Prohibits a data controller from collecting precise geolocation data from a known child unless it is reasonably necessary for the controller to provide an online service, product, or feature.
  • Requires a data controller to obtain consent from the child’s parent or legal guardian under the federal Children’s Online Privacy Protection Act.

The amendment disallows online platforms from collecting, using, selling, or disclosing personal data of users under 18 without obtaining consent.


Business Considerations

  • Employers should understand the details of the new Protections for Children.
  • Employers should assess and, if necessary, revise their data collection practices involving children to ensure they are compliant, accessible, and clear.
  • Employers should obtain verifiable parental consent if their company’s services involve the collection of personal data from children, under the Children’s Online Privacy Protection Act.
  • Employers should implement data minimization practices, collecting only the data that is necessary to provide their service or product and not retaining the data for longer than necessary.
  • Employers should be transparent about their data collection and processing practices, informing users (and their parents, in the case of children) about what data they collect, why they collect it, and how they use it.
  • Employers should train their employees in the new requirements.


Source References


Resources

  • Governor.Virginia.gov: This press release from Governor Glenn Youngkin’s office discusses the signing of the Virginia Legislature Protections for Children Act (HB 707/SB 361) and its amendments to the CDPA.
  • Data Guidance: This article discusses the approval of the bill to amend the CDPA to enhance children’s protections. It highlights the requirements associated with the processing of children’s data in specific circumstances, the use of geolocation data, and the conducting of Data Protection Assessments (DPAs).

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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